AGREEMENT TO WAIVE Sample Clauses

AGREEMENT TO WAIVE. The New Subsidiary Guarantor agrees to waive, and that it will not in any manner whatsoever claim or take the benefit or advantage of, any rights of reimbursement, indemnity or subrogation or any other rights against the Issuer or any other Restricted Subsidiary as a result of any payment by the New Subsidiary Guarantor under its Guarantee.
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AGREEMENT TO WAIVE. Notwithstanding the occurrence or continuation of the Designated Events of Default, subject to satisfaction of the conditions precedent set forth in Section 4 hereof, the Noteholders hereby waive the Designated Events of Default from the date of occurrence thereof through and including August 15, 2003 and the Noteholders and the Collateral Agent will not exercise the rights and remedies available under the Note Purchase Agreement and the other Senior Notes Documents as a result of the occurrence of such Designated Events of Default until after August 15, 2003. Nothing contained in this Waiver and Amendment shall prejudice any rights or remedies the Noteholders or the Collateral Agent may have, or the right of the Noteholders or the Collateral Agent to exercise any such rights and remedies, prior to August 15, 2003 with respect to Events of Default (whether now existing or hereafter occurring and including any violation of the temporary financial covenants under Article VIII.B. as set forth herein) other than the Designated Events of Default. Moreover, nothing contained in this Waiver and Amendment shall prejudice any rights or remedies the Noteholders or the Collateral Agent may have, or the right of the Noteholders or the Collateral Agent to exercise any such rights and remedies, with respect to any Events of Default (including the Designated Events of Default) after August 15, 2003. The obligations of the Noteholders or the Collateral Agent shall be governed only by, and shall remain subject only to, the terms of the Note Purchase Agreement and the other Senior Notes Documents.
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AGREEMENT TO WAIVE. Notwithstanding the occurrence or continuation of the Designated Events of Default, subject to satisfaction of the conditions precedent set forth in Section 5 hereof, the Designated Events of Default are hereby waived in accordance with the Credit Agreement from the date of occurrence thereof until and including the Waiver Expiration Date and the Banks and the Agent will not exercise rights and remedies under the Credit Agreement and the other Loan Documents as a result of the occurrence of such Designated Events of Default until after the Waiver Expiration Date. Nothing contained in this Agreement and Amendment shall prejudice any rights or remedies the Banks or the Agent may have, or the right of the Banks and the Agent to exercise any such rights and remedies, prior to the Waiver Expiration Date with respect to Events of Default (whether now existing or hereafter occurring and including any violation of Section 5.7B of the Credit Agreement) other than the Designated Events of Default. Moreover, nothing contained in this Agreement and Amendment shall prejudice any rights or remedies the Banks or the Agent may have, or the right of the Banks or the Agent to exercise any such rights and remedies, with respect to any Events of Default (including the Designated Events of Default) after the Waiver Expiration Date. The obligations of the Banks shall be governed only by, and shall remain subject only to, the terms of the Credit Agreement and the other Loan Documents except that, by reason of the execution of this Agreement and Amendment, the Designated Events of Default shall not, prior to the Waiver Expiration Date, limit Borrower's ability to obtain Loans and Letters of Credit otherwise available under the Credit Agreement.
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AGREEMENT TO WAIVE. Subject to the terms and conditions set forth herein, Agent and Lenders hereby waive the Event of Default that would arise under Section 9.7 of the Credit Agreement solely from Borrower's furnishing Agent with financial statements for the fiscal year ended July 2, 2005 that include a qualified report of Borrower's accountants; provided, that no other Default or Event of Default exists or is continuing.
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AGREEMENT TO WAIVE. Notwithstanding the occurrence or continuation of the Designated Events of Default, subject to satisfaction of the conditions precedent set forth in Section 5 hereof, the Designated Events of Default are hereby waived in accordance with the Loan Agreement from and after the date of occurrence thereof, and the Banks and the Agent waive any right to exercise rights or remedies under the Loan Agreement and the other Loan Documents as a result of the occurrence of such Designated Events of Default. Nothing contained in this Agreement and Amendment shall prejudice any rights or remedies the Banks or the Agent may have, or the right of the Banks and the Agent to exercise any such rights and remedies at any time with respect to Events of Default (whether now existing or hereafter occurring) other than the Designated Events of Default. The Borrower acknowledges and agrees that the foregoing waiver shall not affect the continued legality, validity and binding effect of the Loan Agreement in its entirety (as amended hereby), and, except with respect to such waiver, the Loan Agreement continues to be fully enforceable.
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AGREEMENT TO WAIVE. REEVALUATION School Age Child’s Name: Date Sent (mm/dd/yy): For LEA Use Only: Date of Receipt of Agreement to Waive Form 3 Name and Address of Parent/Guardian/Surrogate: Dear : Special education law requires that a reevaluation of every child with a disability be conducted at least once every three years, unless the parent and Local Education Agency (LEA) agree that a reevaluation is unnecessary. We have reviewed your child’s progress to date on IEP goals. Based on this review, we are recommending that a reevaluation is NOT necessary and be waived for the following reasons: Parental agreement to waiving the reevaluation must be in writing. If you have any questions about waiving the reevaluation, or if you need the services of an interpreter, please contact me. Name: Position: Phone: Email: DIRECTIONS FOR PARENT/GUARDIAN/SURROGATE: Please check either 1 or 2 and sign below.
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AGREEMENT TO WAIVE. The Agent, with the consent of the Required Banks under each of the DSR LOC Agreement and the LOC Agreement, hereby agrees to waive the Banks’ rights and remedies under the Disbursement Agreement, the DSR LOC Agreement, and the LOC Agreement in respect of the Fuel Supply Coverage Events referred to in Section 1.1, including the right of the Agent to deliver notice of such Fuel Supply Coverage Events to the Disbursement Agent pursuant to Section 4.3(a) of the Disbursement Agreement, during the period (the “Waiver Period”) commencing on the date hereof and ending on December 1, 2004.
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AGREEMENT TO WAIVE. Notwithstanding the occurrence or continuation of the Designated Events of Default, subject to satisfaction of the conditions precedent set forth in Section 6 hereof, the Noteholders hereby waive the Designated Events of Default from and after the date of occurrence thereof, and the Noteholders and the Collateral Agent waive any right to exercise the rights and remedies available under the Note Purchase Agreement and the other Senior Notes Documents as a result of the occurrence of such Designated Events of Default. Nothing contained in this Waiver and Amendment shall prejudice any rights or remedies the Noteholders or the Collateral Agent may have, or the right of the Noteholders or the Collateral Agent to exercise any such rights and remedies, at any time with respect to Events of Default (whether now existing or hereafter occurring) other than the Designated Events of Default. The Company acknowledges and agrees that the foregoing waiver shall not affect the continued legality, validity and binding effect of the Note Purchase Agreement and the other Senior Notes Documents (as amended or otherwise modified hereby), and, except with respect to such waiver, the Note Purchase Agreement continues to be fully enforceable. Nothing contained in this Waiver and Amendment shall be construed as a waiver under or a modification to the terms of the Intercreditor Agreement, including without limitation with respect to the maximum amount of accrued interest that constitutes "Senior Secured Indebtedness" (as defined in the Intercreditor Agreement).
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AGREEMENT TO WAIVE 
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Related to AGREEMENT TO WAIVE

  • Right to Work For purposes of federal immigration law, you will be required to provide to the Company documentary evidence of your identity and eligibility for employment in the United States. Such documentation must be provided to us within three (3) business days of your Start Date, or our employment relationship with you may be terminated.

  • Governing Law; WAIVER OF TRIAL BY JURY This Lease shall be construed and enforced in accordance with the laws of the State of California. IN ANY ACTION OR PROCEEDING ARISING HEREFROM, LANDLORD AND TENANT HEREBY CONSENT TO (I) THE JURISDICTION OF ANY COMPETENT COURT WITHIN THE STATE OF CALIFORNIA, (II) SERVICE OF PROCESS BY ANY MEANS AUTHORIZED BY CALIFORNIA LAW, AND (III) IN THE INTEREST OF SAVING TIME AND EXPENSE, TRIAL WITHOUT A JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR THEIR SUCCESSORS IN RESPECT OF ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT’S USE OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM FOR INJURY OR DAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY. IN THE EVENT LANDLORD COMMENCES ANY SUMMARY PROCEEDINGS OR ACTION FOR NONPAYMENT OF BASE RENT OR ADDITIONAL RENT, TENANT SHALL NOT INTERPOSE ANY COUNTERCLAIM OF ANY NATURE OR DESCRIPTION (UNLESS SUCH COUNTERCLAIM SHALL BE MANDATORY) IN ANY SUCH PROCEEDING OR ACTION, BUT SHALL BE RELEGATED TO AN INDEPENDENT ACTION AT LAW.

  • Consent to Jurisdiction; Waiver of Trial by Jury EACH PARTY HERETO IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED WITHIN THE COUNTY OF NEW YORK IN THE STATE OF NEW YORK FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS MASTER LEASE (INCLUDING ANY BREACH HEREOF) OR ANY TRANSACTION CONTEMPLATED HEREBY OR THEREBY, AND AGREES TO COMMENCE ANY SUCH ACTION, SUIT OR PROCEEDING ONLY IN SUCH COURTS, EXCEPT WITH RESPECT TO ANY LOCAL REMEDIES. EACH PARTY FURTHER AGREES THAT SERVICE OF ANY PROCESS, SUMMONS, NOTICE OR DOCUMENT BY UNITED STATES REGISTERED MAIL TO SUCH PARTY’S RESPECTIVE ADDRESS SET FORTH HEREIN SHALL BE EFFECTIVE SERVICE OF PROCESS FOR ANY SUCH ACTION, SUIT OR PROCEEDING. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY IN SUCH COURTS, AND HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES AND AGREES NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION, SUIT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. EACH OF LANDLORD AND TENANT ACKNOWLEDGES THAT IT HAS HAD THE ADVICE OF COUNSEL OF ITS CHOICE WITH RESPECT TO ITS RIGHTS TO TRIAL BY JURY UNDER THE CONSTITUTION OF THE UNITED STATES AND THE STATE. EACH OF LANDLORD AND TENANT HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (i) ARISING UNDER THIS MASTER LEASE (OR ANY AGREEMENT FORMED PURSUANT TO THE TERMS HEREOF) OR (ii) IN ANY MANNER CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF LANDLORD AND TENANT WITH RESPECT TO THIS MASTER LEASE (OR ANY AGREEMENT FORMED PURSUANT TO THE TERMS HEREOF) OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREINAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE; EACH OF LANDLORD AND TENANT HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY A COURT TRIAL WITHOUT A JURY, AND THAT EITHER PARTY MAY FILE A COPY OF THIS SECTION 21.6 WITH ANY COURT AS CONCLUSIVE EVIDENCE OF THE CONSENT OF EACH SUCH PARTY TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY.

  • Waiver of Trial by Jury Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

  • Waiver of Right to Trial by Jury EACH PARTY TO THIS AGREEMENT HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY LOAN DOCUMENT OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY LOAN DOCUMENT, OR THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.

  • Governing Law; Consent to Jurisdiction; Waiver of Trial by Jury THIS AGREEMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO OR IN CONNECTION WITH THE AGREEMENT, THE RELATIONSHIP OF THE PARTIES, AND/OR THE INTERPRETATION AND ENFORCEMENT OF THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ANY CONFLICTS OF LAW PRINCIPLES OTHER THAN SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH OF THE PURCHASER AND THE MORTGAGE LOAN SELLER HEREBY IRREVOCABLY (I) SUBMITS TO THE JURISDICTION OF ANY NEW YORK STATE AND FEDERAL COURTS SITTING IN THE BOROUGH OF MANHATTAN IN NEW YORK CITY WITH RESPECT TO MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT; (II) AGREES THAT ALL CLAIMS WITH RESPECT TO ANY ACTION OR PROCEEDING REGARDING SUCH MATTERS MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE OR FEDERAL COURTS; (III) WAIVES, TO THE FULLEST POSSIBLE EXTENT, WITH RESPECT TO SUCH COURTS, THE DEFENSE OF AN INCONVENIENT FORUM; (IV) AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW; AND (V) WAIVES TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, SUIT, PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) RELATING TO OR ARISING OUT OF THIS AGREEMENT.

  • Waiver of Right to Jury Trial TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING IN ANY WAY IN CONNECTION WITH ANY OF THE TRANSACTION DOCUMENTS, OR ANY OTHER STATEMENTS OR ACTIONS OF THE COMPANY OR THE PURCHASERS. THE PARTIES ACKNOWLEDGE THAT THEY HAVE BEEN REPRESENTED IN THE SIGNING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL SELECTED OF THEIR OWN FREE WILL. THE PARTIES FURTHER ACKNOWLEDGE THAT (I) THEY HAVE READ AND UNDERSTAND THE MEANING AND RAMIFICATIONS OF THIS WAIVER, (II) THIS WAIVER HAS BEEN REVIEWED BY THE PARTIES AND THEIR COUNSEL AND IS A MATERIAL INDUCEMENT FOR ENTRY INTO THIS AGREEMENT AND (III) THIS WAIVER SHALL BE EFFECTIVE AS TO EACH OF SUCH TRANSACTION DOCUMENTS AS IF FULLY INCORPORATED THEREIN.

  • MUTUAL WAIVER OF RIGHT TO JURY TRIAL COAST AND GUARANTOR HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (i) THIS GUARANTEE OR ANY SUPPLEMENT OR AMENDMENT THERETO; OR (ii) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR ; OR (iii) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR REPRESENTING COAST OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

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